A lawsuit has been filed against the Kentucky Governor and the Attorney General claiming the prohibition of the use of medical marijuana is unconstitutional. The Kentucky Constitution says a law cannot be unreasonable and arbitrary. The State allows the use of opioid medications which have a history of addiction and overdose deaths, yet prohibits the use of a vastly safer drug with a record of zero deaths in its 4000 year history of human use. Science supports this claim and therefore continuing the prohibition of marijuana for medical reasons is arbitrary and unreasonable.
The same can be said of the recreational use of marijuana.
The State allows and even promotes the recreational use of alcohol which has a history of tens of thousands of deaths from its use every year and untold acts of violence and criminality. The State at the same time prohibits the recreational use of marijuana which like the medical use, has a history of zero deaths from its use. Indeed, the Administrative Law Judge for the Drug Enforcement Administration declared in a hearing that marijuana was, “The safest therapeutic substance known to man.” Twenty years of medical use in California has yet to produce any of the prohibitionist’s predictions of doom and gloom.
This unscientific prohibition is completely arbitrary. When one considers that the availability of marijuana to the citizens of a State can drop opioid overdose deaths by as much as 50%, continuing the prohibition of marijuana for medical or recreational uses is not only arbitrary but totally unreasonable.
Let’s face facts. The prohibition of marijuana began as a racist attempt to keep Mexicans from taking ‘American jobs’ during the 30s. It morphed into a scam to harass Nixon’s political enemies and has been used by politicians to show their toughness on crime. Cannabis prohibition was never about protecting the citizens and in reality has ruined millions of lives over these last 80 years. Continuing prohibition at this point is without question, arbitrary and unreasonable!
The plaintiffs should win in court.